Abstract：Regarding to the ownership of housing property, the husband and wife can make the change of ownership either through a marital property agreement, or through a contract of gift. The former is closely related to spousal relationship, which has the character of collateral identity, while the content and the legal effect of the later have nothing to do with the spousal relationship. When it comes to the application of law, the former shall apply identity law, and the agreement has the direct effect of alternating property rights, which means that there is no room to exercise the right of revocation even without the registration alternation; the later shall apply property law, and the giver can revoke the gift before the registration alternation. When the content of marital agreement about the change of ownership of housing property is unspecified, the character of said agreement shall be presumed to be marital property agreement.
许莉. 夫妻房产约定的法律适用——基于我国约定夫妻财产制的考察[J]. 浙江工商大学学报, 2015, (1): 55-63.
XU Li. The Application of Law of Marital Agreement on Housing Property——Based on the Survey of Chinese Contractual Marital Property System. Journal of Zhejing Gongshang University, 2015, (1): 55-63.
2015, Vol. 
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